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HomeMy WebLinkAbout1989-07-26 P&Z Minutes\ KENAI PLANNING & ZONING COMMISSION f July 26, 1989 - 7:00 P.M. City Hall Council Chambers Pat Nault, Chairman AGENDA 1. POLL CALL 2. APPROVPZ OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. PUBLIC HEP.RINGS a. F.esolution 89-8: Rezone Govt. Lot 44, Section 34, from Suburban Residential (rs) to General Commercial (CG) - Maguire n. F,esclution 89-9: Encroachment Permit for Setback Violation - Lot 1, Block 3, Sungate Park S/D - Rhyner 5. APPROVAL OF MINUTES of June 28, 1989 a. +~LD BUSINESS 7_ NEW BUSINESS ' a. Home Occupation Permit: 130 Sprucewood Street Apt #4, Applause ~ Unlimited - Kilbourn b. Home Occupation Permit: 202 .Sterling Court, Lisa's Hair Design - Lisa Borchgrevink 8. PLANNING a. Letter from Borough - Borough Comprehensive Plan 9. P.EPORTS a. City Council b. Borough Planning c. City Administration 10. PEP.SONS PRESENT NOT SCHEUDLED TO BE HEARD ]. l . INFORMAT I ODI ITEMS a. City Council Agenda - July 19, 1989 b. Boro;:gh Planning Agenda - July 10 & July 24, 1989 c. P.PA Planning Magazine 12. CC:~IMISSIO,`.? COMMENTS & QUESTIONS 13. ADJOURNMENT Work Session on the new Recreation Zone and the Comprehensive Plan to follow. C:~-t~-l e_a~ KENAI PLANNING & ZONING COMMISSION July 26, 1989 - 7:00 P.M. City Hall Council Chambers Pat Nault, Chairman 1. ROLL CALL Present: Nault, Bryson, Bannock, Brown, Glick, Walker Absent: O'Reilly (excused) 2. APPROVAL OF AGENDA Add letter from the Kenai Peninsula Borough regarding proposed ordinance. MOTION: Commissioner Bryson moved approval of the amended agenda, seconded by Commissioner Walker VOTE: Approved by unanimous consent 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution 89-8: Rezone Govt. Lot 44, Section 34, from Suburban Residential (RS) to General Commercial (CG) - Maguire Planning Specialist Loper explained that four letters had been received from residents in the area since packet time and they have been distributed to the Commissioners and asked that they be entered into the record. Chairman Nault so ordered. The Commission read through the letters. Chairman Nault opened the item for public discussion. Mr. Samuel Maguire came forward to present his petition. "I asked for the rezoning so that I could put a commercial building in there, which right now we're in a mall in Kenai, Maggies Trading Post. I'd like to rebut these letters. The first one from Richard and Laura Clark is a bit nebulous when across the Spur Highway is commercial and to the right side is commercial and access to my property would be by Spur Highway, not by Swires Street. Therefore, I wouldn't in any way be bothering their residential area. Having commercial property that close to them, I assume they must be people living on Aliak. I would be no closer to them than Zubeck would and I really can't see why Mr. Zubeck would become a party to this seeing as when across Swires Road from me has an entire block of commercial property starting at Spur Highway and going well down, I don't know far his property goes but he's been in there commercial for years. KENAI PLANNING & ZONING COMMISSION } July 27, 1989 Page 2 And yet he's become a party to it also by one of these letters saying that there's plenty of commercial property along Spur Highway. Yes there is, but there's none within reason as far as I'm concerned. There's nothing that I can afford". "I've been in business here for years and I see my businesses going and I'm trying to help myself and Mr. Zubeck who's fairly well already got it going is opposed to it. I have no idea who Arlene Larson is, she's living on East Aliak and again my answer to her is the same thing. Access to my business will be Spur Highway. In fact, if I do go commercial on it I'll tear the two buildings that are there that are eyesores to them, I'll tear them down and remove them completely. The fourth one, Mr. Doyle, I can understand why Mr. Doyle is unhappy because the man I bought from had entered into a business proposition with him which fell through. And the only one that I can see that really has a legitimate complaint is Mr. Doyle because I will be going commercial on a property that I think he had hoped to enjoin. The paper work that I saw showed he put an awful lot of money into subdividing that into residential lots. Now that was with the previous owner,,that's not with me. And I have no desire to go into residential lots, I don't think anybody in the City of Kenai has a desire to go into residential lots at this time." "I'm asking that you use a little common sense here and realize that the only one that I see that has any real basis is Mx'..,_Doyle. The others, I don't think they have a reason to keep me from being able to put my business in there. As far as it not being business now, no that corner's not business or I wouldn't be asking for the rezoning. But across the street on Swires side, there's an awful lot of business and across the street from me on Spur Highway is an awful lot." Commissioner Brown: When you say across the street of Swires are you talking about Mr. Zubeck's property? Mr.Maguire: He's got, I would say many acres of property there that's commercial. I hope its commercial. I hope he's not using it in a commercial sense in a residential area. I don't know for fact that it is. But I believe it is. Planning Specialist Loper: Zubeck property is commercial. Mr. Maguire: See there's general commercial all the way around me except for Mr. Doyle's property which is on Swires Road just south of me. And he's a little upset with me because I won't buy his property. NOTE: Commissioner Glick joined the meeting at this point. Commissioner Bryson: From the zoning map that we have before us, it appears as though general commercial is existing across from you is across Swires Road and the north of you across the highway is rural residential. Mr. Maguire: Oh, I'm sorry, I misunderstood. Commissioner Bryson: Have you applied to the State of Alaska for an access off the Spur Highway? Mr. Maguire: There is access. I have access, there is a culvert and everything right there. Commissioner Bryson: Okay. I KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 3 didn't feel that they would give you access if they had Swires Drive there that you fronted on if you didn't already have access. Mr. Maguire: I'm not sure its asphalt, I'm not sure if any of them are asphalt, but there is an access from Spur Highway and that's what I intended to use, the northwest section and the rest of it I'll leave vacant. I would have been real happy to take any reasonable commercial property from where the boat sales is there all the way to town and up and down Kalifonsky Beach Road and the only thing I found that was any way near reasonable was one piece over on Kalifonsky Beach Road and that fell through. The bank took it over and the bank had much more on it than anybody could handle. I've been looking for over a year for commercial property and I just can't see the price they're asking for it. Yes, like Mr. Zubeck says, there is property for sale, but anybody that can pay $40,000 per acre ... its not me. Commissioner Bannock: How does this business qualify right now. Is there a business there right now? Planning Specialist Loper: There are two small buildings there now. Commissioner Bryson: A guide lived there last year. Mr. Maguire: Yes, he's living there again this year. I inherited him. These two buildings I intend to tear down and building a good structure on the front side. I have the ability to build a substantial structure. Mr. Maguire: As far as adding traffic to the residential area there, no I wouldn't add any traffic because I'd be coming off the Spur Highway. And I've got a screen of trees behind me, they wouldn't even see me, I don't know if it would affect Mr. Doyle's property or not. Planning Specialist Loper: If I may, I think from the letters, what most of the residents there are worried about is general commercial in its broad sense is quick stops, 7-11's, gas stations, or any number of businesses. Mr. Maguire: Is there another commercial designation? Planning Specialist Loper: No. So what that means is you know what you want to put there, something low key, but once it goes commercial you can put anything you want there. You have a desire for one specific business, and that may not hold true forever. I think perhaps that is what they are worried about. Mr. Maguire: I don't think they're going to stop the development of the Spur Highway area once we recover our economy. Planning Specialist Loper: One of the things this Commission has been looking in developing the Comprehensive Plan is the Spur Highway corridor, how it should be developed, because when you move out and away from the central business district you diversifying your commercial sector it spreads businesses and in some cases this is good, however, some advantages are lost. The thing this Commission can look at is the buffer strip you mentioned. There is a provision in the code that provides a buffer between commercial and residential neighborhoods as you mentioned. Mr. Maguire: I would be willing to save the south half of the two acres would remain vacant. I don't know how you could zone half of a lot one way and half the other. Planning Specialist Loper: Well you couldn't do KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 4 that and meet the criteria any way. The code specifically states that your lot must be one acre or more. Mr. Maguire: I intend, in the future, to put my own house in that rear section. Planning Specialist Loper: That you couldn't do. Once its rezoned to the commercial designation you could not build a building with a residential use. Mr. Maguire: Oh, this is something I didn't know and I had intended to do. So that would still be fine, we have a local house a couple blocks away. We had thought about incorporating all of it. I have another lot over there I could build on. Commissioner Walker: Where is your house from here. Mr. Maguire: I'm at 1308 Kaknu. Commissioner Walker: Is it adjacent to this property: Answer no. We're in the process of trying to pick up the space next to us as soon as the bank is through. Commissioner Bannock: Looking at this map, do we know where the other persons writing the letters live? Planning Specialist Loper went over the ownership of property comparing them to the writers of the letters with the Commissioners. Mr. Maguire: I wouldn't be a bit adverse to putting some kind of stipulation on the south half. I intend, and its the only way I can do it to get water and sewer on my property, to dedicate a piece across the back. There is a problem with water & sewer that Mr. Doyle doesn't recognize and its going to cost him a good chunk of money if I don't bring water and sewer across my property. The water and sewer was stubbed in for their subdivision and a dedicated road there. This is what I'm told. I do know that my property line is south of the water and sewer and I've been told by the people upstairs that if this isn't how it is an me coming straight off the end of the water across my property and then bringing water up into my property I've got to pay $2500 to have a manhole put in so that the sewer can be diverted 90 degrees to the way its running now. I intend to take 12' across the back of the property and dedicate that to bring the water & sewer in. I would like to do this with Mr. Doyle, but I'm going to do it in spite of him if I have to. If you rezone it the way I want it, then I'll bring the water & sewer in, if you don't, I'm going to back off. Chairman Nault called for further comments, there were none. The issue returns to the Commission. Commissioner Glick: In reviewing the packet, I looked up some of my old minutes from several years ago and it appears that this Commission, in the past, has rejected strip zoning and basically that's what we're doing is strip zoning if we start changing properties to commercial. From Swires to Princess there isn't any commercial properties with the exception of Doyles and that's been there for 30 years and he's grandfathered in when zoning was put in. In everything that you read about planning & zoning, to strip zoning is not good planning. Those sites on the other side of the road, that are commercial, are the same. Most of those were grandfathered because they had been there for several years. A lot of that land between there and Beaver Loop started out being residential then some of it, over the years was changed. KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 5 I've known Mr. Maguire for along time and nothing against you, but looking back at everything I see is strip zoning is not a good idea. Especially when that whole area has been residential. I've talked to some of the people that live on ALiak, they probably didn't even get notices because you only send notices to people right around the area and most of them are saying we don't want any commercial business in this whole area. I guess I would have to be against it based on the fact that I don't like strip zoning. I don't think its good planning. And the second reason is that people in that area generally don't want to see commercial businesses. An example would be out in Thompson Park. Everyone thought that was residential until someone bought the property and built the quick stop. And there is a strip through there that several years was left in commercial. All those people though they were residential so I hate to see us doing strip zoning. Commissioner Bannock asked questions regarding the notices sent out. There were 12. This has come up in the past before and we've kind of let public response dictate to an extent and I thought we had talked to rezoning to a certain percentage of people had to be in agreement. Planning Specialist Loper: You had talked about it but there is no rule. Commissioner Bannock: We had a situation a few weeks ago that the only response was negative so it could be taken to say that the owners of the property either don't object or just didn't take the time to respond to it. But we did have four different people speaking out against it so I have to follow Carl for just a little bit and secondly, taking a look at the other map where it shows the different zones, I don't-know that I want to be the one that starts doing the cutting in here, indenting there, a spot here and an acre there. Commissioner Brown: If this was denied would he be able to file for a conditional use permit where you could restrict the use? The Commission discussed this at length with no decision. Commissioner Bannock: From the letters, I don't think your neighbors have any real spite against Maggies Trading Post. I think, from the letters, you neighbors have a major hang up with it being turned into a commercial neighborhood, open for any kind of development that could ever want to happen. Commissioner Bannock: As an opinion, I really don't have a problem with either a home occupation or a conditional use. My only problem is changing zones. Commissioner Walker: I understand Mr. Glick's point of view on the strip zoning, however, I do not share the same opinion. To me, along the highway is not an appropriate place to have residential zoning. You don't want children close to the highway. To me an appropriate place for a business is on the highway. It would be nice to have all our businesses right in town. I also understand the applicant's position that some of the commercial property is quite expensive. I would like to state that since there is commercial property around his, across the road and close, and perhaps if we put up some buffer zones and perhaps allow at least some of the strip zoning for the highway corridor that's something we need to l KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 6 be discussing in our comprehensive plan. There should be some places up and down the highway that would be suitable for residential and some for commercial. Planning Specialist Loper referred the Commission to a section of the current approved Comprehensive Plan (1979) which stated that a large commercial shopping center was planned for the intersection of Beaver Loop Road and Spur Highway. Only an informational item. The Plan speaks to other development along the Spur Highway, mostly commercial but not really recommending. Commissioner Bryson: My basic concern is spreading out the general commercial areas whether its to be east or west. There is adequate commercial property and I believe the Plan gives an estimate of how much commercial property is available and during what period of time. The problem I see with this area is that it is developed as a residential community which might not be the case further east beyond this immediate area. Commissioner Brown: I would think that there would be a problem with spreading out the commercial zone, for the type of business he's talking about, however, by rezoning it to general commercial you're never assured of what's going to be built there. However, I've been in a lot of cities where there is strip zoning along the highways as. long as you provide some buffer between the commercial and residential. I believe it would be appropriate as long as the owner didn't have a problem with the green strip on the south side of the property. MOTION: Commissioner Brown moved to approved PZ89-8, rezoning Govt Lot 44, Section 34 from RS to CG with the condition that the buffer zone no less than 30' wide be provided for along the south and west boundaries of the property, seconded by Commissioner Glick Commissioner Bannock: That's okay, and it will protect the neighbors but still that goes back to the general question. What are we going to do when another neighbor wants another lot zoned commercial two blocks away. That makes a patchwork. I suggested a long time ago, facetiously when we had so many gravel pit permits, why don't we turn the entire inner loop of Beaver Loop into a commercial zone to eliminate this, because about the only thing that was there were gravel pits. And if we start doing these pieces together, what about the people that really do want to live in there and really do like their residential neighborhood and its very possible we could box someone in on four sides with general commercial. If it is the Commission's desire to turn the corridor of the Spur Highway into general commercial that would be one thing but to do it one block at time or one lot at a time I think is a crime. Commissioner Bryson: I feel the inclusion of a buffer in the motion is inappropriate. I don't think that's in our authority to act on. MOTION AMENDMENT: KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 7 MOTION AMENDMENT: Commissioner Bryson moved to amend the motion by striking the reference to a buffer, seconded by Commissioner Glick Commissioner Bannock: Why don't you think it's appropriate. Commissioner Bryson: I think its mainly from the legal standpoint, we don't have that flexibility. We either approve a rezoning or we don't. Any buffer would have to be addressed through the platting procedure or any other means or legal document. Commissioner Glick: How was a buffer done in other situations? Chairman Nault: Those were conditional uses I think. Commission Glick: Not the parcel over by Mega. There was supposed to be a buffer between them and the apartment and there never was one. Commissioner Bryson: That was City property and the City was subdividing it and probably on the deed itself. VOTE AMENDMENT: Chairman Nault - yes Commissioner Bryson - yes Commissioner Bannock - yes Commissioner Brown - no Commissioner Walker - no Commissioner Glick - no Tie vote fails VOTE MAIN MOTION: Commissioner Bryson - no Commissioner Bannock - no Commissioner Brown - yes Commissioner Glick - no Commissioner Walker - yes Chairman Nault - no Motion Fails b. Resolution PZ89-9: Encroachment Permit for Setback Violation - Lot 1, Block 3, Sunaate Park S/D - Rhyner Chairman Nault opened the item for public comments. There were none, Mr. Rhyner was not present to speak. MOTION: Commissioner Glick moved to postpone, no second MOTION: Commissioner Bryson moved to postpone this item and extend the public hearing to the next meeting, seconded by Commissioner Glick Commissioner Bryson: My motion was only because the petitioner is not present, however, I have opened for any action. KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 8 The Commission had failed his request for variance based, in part, on an existing encroachment. I would ask that, in view of the previous discussions, the Commission move forward with action on this permit. Commissioner Glick: Even if we approve this, then if he wanted to build the garage, he would still have to go back and get the variance. The Commission agreed. Commissioner Bryson: He's just trying to get his original building clear. Commissioner Walker: The way I was reading the zoning codes, we cannot issue an encroachment permit within a state ROW. Planning Specialist Loper: His encroachment is not within the ROW but rather within a setback. His request was to build right up to the lot line which is the Spur Highway ROW. Commissioner Walker: Can he build right up to the lot line without any setback? Commissioner Bryson: The interpretation is that the highway itself represents a front to the property, this being a corner lot. Given the magnitude of the state ROW I have some difficulty in treating this as a corner lot. The property line is 75' from centerline? Commissioner Brown: Its 200' ROW there isn't it? Commissioner Bryson: Plus the 17' to his building. I have no problem addressing this right now, but it appears that if we are prepared to reject it without his comments than I think he should be here. Particularly since there was no quorum at the last meeting. Planning Specialist Loper: I feel that this is very necessary, whether or not he goes ahead because right now he has a cloud on the title. Commissioner Bannock: Right, regardless of whether or not we do anything about his garage, this is not about the garage, this is one of the things we talked about that he needs to do anyway. Its either this or make him tear the house down. Commissioner Glick: Or turn it back into a garage. Commissioner Walker: Right. Because this is a cloud on the title created either by this owner or the previous owners. This is not a problem when they built there, it was created when someone changed the use of that area of the house. Commissioner Bannock: I'll take his word for it it wasn't him because he said he bought the house that way. Commissioner Bryson: Did he indicate it was a carport before? Commissioner Glick: No it was a garage. Commissioner Bryson: So it always was the same situation. Chairman Nault: It was a garage and used as a garage and not a violation, but now the use has changed and its a violation. Commissioner Bannock: Right. Commissioner Bryson: Is that Howard's interpretation? Answer yes. According to his memo. Commissioner Glick: Because there are structural changes, took out the garage door, walled it in, put a wooden floor in, insulation, etc. Planning Specialist Loper: You could say change of use, but there definitely are structural changes. Commissioner Bannock: But its not where the building is at. He could park his caravan inside his den and be legal. I have absolutely zero problem with this one. I don't want to be the one to tell him to take his den apart. I'm for this one so he can consider doing his other one. MOTION WITHDRAWAL: Commissioner Bryson, with consent of second withdrew the motion to postpone. KENAI PLANNING & ZONING COMMISSION j July 27, 1989 Page 9 VOTE: Motion withdrawn unanimously MOTION: Commissioner Bannock moved approval of PZ89-9, request for encroachment permit, seconded by Commissioner Brown VOTE: Motion passed Commissioner Bannock - yes Commissioner Brown - yes Commissioner Glick - yes Commissioner Walker - no Chairman Nault - no Commissioner Bryson - yes Chairman Nault moved item 7-b to this point due to applicant being in attendance. NEXT ITEM OUT OF ORDER b. Home Occupation Permit: 202 Sterling Court, Lisa's Hair Design - Lisa Borchgrevink Planning Specialist Loper: A beauty parlour is specifically mentioned int the Zoning Code section for Home Occupations as permitted uses. All backup data is in the packet. This applicant appears to meet all criteria. MOTION: Commissioner Walker moved for approval, seconded by Commissioner Bannock VOTE: VOTE: Motion passed with unanimous consent Chairman Nault noted the location - Central Heights which are small lots very close together. Commissioner Bryson: In the event that neighbors have a concern can they come back to the City for review? Answer yes. The permitting process ensures both the applicant and the surrounding community recourse. Chairman Nault: It would make me more comfortable if this could be limited. Commissioner Bannock: Does anyone else live in your house? Answer yes. Commissioner Bannock: Do they cut hair too? Answer no. I would be the sole employee. Commissioner Walker: I would say that we stay within the laws that are already designated for this sort of thing. Commissioner Bryson: Perhaps we could ask the applicant if she's willing to add verbally, for the record that she have a single station. Planning Specialist Loper: Is that something you would agree to? Answer yes. Motion passed with unanimous consent KENAI PLANNING & ZONING COMMISSION j July 27, 1989 Page 10 Continue with order of Agenda 5. APPROVAL OF MINUTES of June 28, 1989 Minutes were approved as submitted. 6. OLD BUSINESS None 7. NEW BUSINESS a. Home Occupation Permit: 130 Sprucewood Street Apt. #4, Applause Unlimited - Kilbourn Planning Specialist Loper: This is something I really would like you to discuss with the applicant. The Commission agreed. MOTION: Commissioner Bryson moved to postpone to the next meeting, seconded by Commissioner Glick VOTE: Motion passed by unanimous consent 8. PLANNING a. Letter from Borough - Borough Comprehensive Plan No action necessary on this item. b. Letter from Borough - Comments Regarding a Proposed Ordinance This letter was hand delivered by the Borough Planning Director shortly before the meeting. While the proposed ordinance does not affect municipalities, the Borough is looking for comments, questions, and/or concerns. The Commission was asked to take some time and review the document and bring it to the next meeting with any suggestions. Commissioner Bryson reported that an application from Marathon regarding a dumping facility was the forerunner. THe application was withdrawn due to public comments. They are effecting the landfill situation. A committee was formed made up of Assembly and Planning Commissioners to address and respond to the people who were demanding some sort of ordinance to cover this. My opinion is that it has a tremendous uphill .... either in the form proposed or any modification of it, it has a tremendous uphill fight to be adopted. However, its answering the comments of the people. Commissioner Brown: They say that conditional use permits should be required for industrial .. would that only be new ones that go in? Commissioner Bryson: There is a "grandfathering" period or proposal for KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 11 at a later date. 9. REPORTS a. City Council Councilman Smalley not in attendance b. Borough Plannina Commissioner Bryson reported on two items of interest; a discharge permit for Tyonek for a sewer system outfall and application from the Borough to place fill in wetlands specifically for river problems in Seward. Commissioner Bannock asked where the Princess Tours temporary water permit was requested for, answer Cooper Landing. c. City Administration Planning Specialist Loper reported on Council actions regarding the appeal by Mr. & Mrs. Riddles for conditional use permit. Verbatim minutes of that Council meeting were given to the Commission previously. ~ Commissioner Bannock: Why were the Thayers involved in this. In reading these minutes I am confused. Planning Specialist_Loper explained that the Thayers were there to support the charter service and opposing the RV park. Commissioner Bannock: The Council didn't really sit as a Board of Adjustment, they just gave it back to us. Planning Specialist Loper explained that the Council appeared to be asking the Commission to consider other avenues. Donna Riddle: It seemed to me that there was a lot of approval there for the charter service but not the RV's. Chairman Nault: I agree. The City has spent a lot of time in addressing problems with trailers and this new ordinance. Donna Riddle: Oh, I understand that and I agree. That's one of the reasons we're requesting just the charter service. Commissioner Walker asked why it was returning. Planning Specialist Loper: I believe it's because it was denied here and perhaps there is another avenue open. Commissioner Bannock: I'll bet we could because the City Council didn't turn it down, they just sent it back to us to redo it. They just said work it out. I think what the Mayor is saying is that obviously there is confusion over what Planning & Zoning turned down and what the Riddles are willing to settle for so push it back to Planning & Zoning and let them redo it. Planning Specialist Loper: If that is what you want, we'll do it. We'll take that conditional use permit, put right at the top "amended", and have it read for a charter service only. And since it is at your request we can do it without charging them the $100 again. MOTION: Commissioner Bannock moved to bring back the Riddles' original permit amended for reconsideration, seconded by Commissioner Glick KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 12 VOTE: Discussion followed regarding a motion to reconsider or a new motion at the next meeting. There was considerable confusion in determining the intent of Council and procedures. Motion passes Commissioner Glick - yes Commissioner Walker - no Chairman Nault - no Commissioner Bryson - yes Commissioner Bannock - yes Commissioner Brown - yes Commissioner Walker: The reason I voted against this is can we bring it back and can we amend it or is it to be amended by the applicant before the permit. Planning Specialist Loper: You will receive it in an amended form. Commissioner Walker: The reason I voted against it was because we were going to bring it back and amend it. Commissioner Bannock: No. That's not it. My motion stated an amended permit. Commissioner Brown: What we'll have before us at the next meeting is a conditional use permit for a guide service only. 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS No comments 12. COMMISSION COMMENTS AND QUESTIONS Commissioner Bryson stated that there was a minor traffic problem down at the spit Saturday. First Kenai's grid lock. There were cars parked on both sides for .3 of a mile then a guide tried to go through. Commissioner Brown: That property that is next to Mega Foods, is that City property? The reason I ask is, perhaps this is more for the Chamber, I noticed that Soldotna had their RV park set up on the Carrs property and it seemed like a nice idea. Planning Specialist Loper: ~ I'm not sure. Commissioner Brown: I was just thinking that perhaps Kenai could do that with an vacant lands. Planning Specialist Loper: I can check on it for you. Commissioner Walker noted for the record that the particular buoy that has been discussed as being a hazard is gone. It is a lot safer without it. Chairman Nault: I was talking with some folks over the weekend who noted that that buoy is gone. Commissioner Walker stated that he wondered if this past weeks' activities might spawn something regarding that buoy. The Commission directed that a letter to be directed to the Borough KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 13 expressing appreciation for the mapping and lists for the buoy placement. 13. ADJOURNMENT There being no further business, Chairman Nault adjourned the meeting and commenced the work session. Janet A. Loper Planning Specialist Secretary to the Commission KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 11 at a later date. 9. REPORTS a. City Council r ~ ,~ ' ~ ,- ~j~~~. ~ Councilman Smalley not in attendance b. Borough Planning Commissioner Bryson reported on two items of interest; a discharge permit for Tyonek for a sewer system outfall and application from the Borough to place fill in wetlands specifically for river problems in Seward. Commissioner Bannock asked where the Princess Tours temporary water permit was requested for, answer Cooper Landing. c. City Administration Planning Specialist Loper reported on Council actions regarding the appeal by Mr. & Mrs. Riddles for conditional use permit. Verbatim minutes of that Council meeting were given to the Commission previously. Commissioner Bannock: Why were the Thayers involved in this. In reading these minutes I am confused. Planning Specialist Loper explained that the Thayers were there to support the charter service and opposing the RV park. Commissioner Bannock: The Council didn't really sit as a Board of Adjustment, they just gave it back to us. Planning Specialist Loper explained that the Council appeared to be asking the Commission to consider other avenues. Donna Riddle: It seemed to me that there was a lot of approval there for the charter service but not the RV's. Chairman Nault: I agree. The City has spent a lot of time in addressing problems with trailers and this new ordinance. Donna Riddle: Oh, I understand that and I agree. That's one of the reasons we're requesting just the charter service. Commissioner Walker asked why it was returning. Planning Specialist Loper: I believe it's because it was denied here and perhaps there is another avenue open. Commissioner Bannock: I'll bet we could because the City Council didn't turn it down, they just sent it back to us to redo it. They just said work it out. I think what the Mayor is saying is that obviously there is confusion over what Planning & Zoning turned down and what the Riddles are willing to settle for so push it back to Planning & Zoning and let them redo it. Planning Specialist Loper: If that is what you want, we'll do it. We'll take that conditional use permit, put right at the top "amended", and have it read for a charter service only. And since it is at your request we can do it without charging them the $100 again. MOTION: Commissioner Bannock moved to bring back the Riddles' original permit amended for reconsideration, seconded by Commissioner Glick ~'~ KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 12 VOTE: Commissioner Bryson: I would say that it would be premature to reconsider it. Planning Specialist Loper: Why do you feel it should be reconsidered? Shouldn't it come back as a new amended item? Commissioner Bryson: Because it has to be put before us as a piece of business. Planning Specialist Loper: Commissioner Bannock's interpretation from these minutes is that Council is telling us that we should amend it. Commissioner Bannock: When there was a Board of Adjustment before with the Foster Brothers, they made a decision. Then they had to go through all of the paperwork again this spring which they did and go through it all over again. They never made a decision accept or deny. Commissioner Bryson: I'm interpreting Commissioner Bannock's request as a call for reconsideration and at that time we would need to vote on it since we made a decision on it. Planning Specialist Loper: I would disagree based on the fact that the application will be amended rather than the original permit application. Chairman Nault: I agree, rather than hearing the same one over. Planning Specialist Loper: I may be wrong, but I see it as a new amended permit. Commissioner Glick: I agree with Commissioner Bannock, that since they didn't act on it its an open application and should be treated as an old application amended. Motion passes Commissioner Glick - yes Commissioner Walker - no Chairman Nault - no Commissioner Bryson - yes Commissioner Bannock - yes Commissioner Brown - yes Commissioner Walker: The reason I voted against this is can we bring it back and can we amend it or is it to be amended by the applicant before the permit. Planning Specialist Loper: You will receive it in an amended form. Commissioner Walker: The reason I voted against it was because we were going to bring it back and amend it. Commissioner Bannock: No. That's not it. My motion stated an amended permit. Commissioner Brown: What we'll have before us at the next meeting is a conditional use permit for a guide service only. 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS No comments KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 13 11. INFORMATION ITEMS No comments 12. COMMISSION COMMENTS AND QUESTIONS Commissioner Bryson stated that there was a minor traffic problem down at the spit Saturday. First Kenai's grid lock. There were cars parked on both sides for .3 of a mile then a guide tried to go through. Commissioner Brown: That property that is next to Mega Foods, is that City property? The reason I ask is, perhaps this is more for the Chamber, I noticed that Soldotna had their RV park set up on the Carrs property and it seemed like a nice idea. Planning Specialist Loper: I'm not sure. Commissioner Brown: I was just thinking that perhaps Kenai could do that with an vacant lands. Planning Specialist Loper: I can check on it for you. Commissioner Walker noted for the record that the particular buoy that has been discussed as being a hazard is gone. It is a lot safer without it. Chairman Nault: I was talking with some folks over the weekend who noted that that buoy is gone. Commissioner Walker stated that he wondered if this past weeks' activities might spawn something regarding that buoy. The Commission directed that a letter to be directed to the Borough in thanks for the mapping and lists for the buoy placement. 13. ADJOURNMENT There being no further business, Chairman Nault adjourned the meeting and commenced the work session. Janet A. Loper Planning Specialist Secretary to the Commission f~ N N ~1 ~ N a 1' N ~ N N ~ N N ' rl s3 4~ da ~~~\ .-- KENAI PLANNING & ZONING COMMISSION DATE: ~ ~ ,~ ~~ C C' ~~~~//